Decree On Grants For Projects For The Sustainable Development Of Fisheries Areas

Original Language Title: Bekendtgørelse om tilskud til projekter til bæredygtig udvikling af fiskeriområder

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=124260

Overview (table of contents) Chapter 1 of scheme content

Chapter 2 Administration

Chapter 3 eligible actions

Chapter 4 Conditions for reimbursement

Chapter 5 eligible project expenses

Chapter 6 amendment of the project and entry into commitments

Chapter 7 Calculation of grants

Chapter 8 payment of grants

Chapter 9 obligation

Chapter 10 cancellations and refund of grants

Chapter 11 Force majeure

Chapter 12 remedies

Chapter 13 Criminal provisions

Chapter 14 entry into force

Annex 1 The full text of the Decree on grants for projects for the sustainable development of fisheries areas

Under section 3 of the basic regulation. § 2, nr. 4, § 4, paragraph 2, § 5, article 7, paragraph 4, article 11, paragraphs 1, 2 and 4, section 12 and section 13, paragraphs 1, 3 and 4 of law No. 1552 of 20. December 2006 on the development of the fisheries and aquaculture sector (Fisheries Development Act) shall be determined pursuant to the authority:

Chapter 1

The scheme's content

§ 1. Ministry of food, agriculture and fisheries within the deposed budgeting frameworks promise grants for projects designed to contribute to the sustainable development of fisheries areas. The area must be covered by an approved local action group set up in accordance with the Ordinance on the establishment and operation of local action groups under the Fisheries Fund for the period 2007-2013.

(2). Grants may be applied for by associations, individuals, companies, organisations, non-profit associations, institutions and public authorities.

(3). Grants to projects pursuant to section 8, no. 2 and 3, however, can only be examined by persons within the fisheries and aquaculture sector or other people with jobs related to the sector. Grants to projects pursuant to section 8, no. 8, can only be examined by boards of local action groups approved in accordance with the Ordinance on the establishment and operation of local action groups under the Fisheries Fund for the period 2007-2013.

Chapter 2

Administration

Authorities and control

§ 2. Ministry of food, agriculture and fisheries at the Food Profession shall take decisions in accordance with this Ordinance.

§ 3. Food Business shall carry out checks in connection with the Administration after this announcement.

(2). Food Industries carries out the physical checks and the subsequent control.

(3). After authorization may be a different Directorate of the Ministry for food, agriculture and fisheries, the physical control and the subsequent accounting control.

(4). The local action groups shall assist as needed the food Profession or other Food Occupations under the Danish Ministry of food, agriculture and fisheries, see. (3) with the controls, and the local action groups shall supervise that the projects are implemented according to the project application and approval.

(5). To use for checks collected information from other authorities as appropriate.

Grant application

§ 4. Grant application must be submitted on a special form, which can be obtained from the Food Business, the Board of Directors of the local action group or via Food Business website.

§ 5. Applications for grants for projects shall be submitted to the Board of Directors of the local action group in the area where the project is to be implemented.

(2). Submission of application may be done when the Board of the action group have published a Food Business approved local development strategy for the action group's geographical area. However, application for projects under § 8, nr. 8, point (b) shall be submitted from the time where there has been an approval of the local action group.

(3). When the Board of the local action group has received the application for reimbursement, shall acknowledge the Board of receipt of the application and may in connection herewith authorise the applicant to initiate the project.

(4). The Board of Directors of the local action group makes a priority of the applications received and sets the contribution for each project within the maximum rates specified in annex 1. Only projects, the Board finds, contributes to the implementation of the referred to in paragraph 2, the local development strategy, can be set to commitments and are submitted to the Food industry.

§ 6. Within the financial framework, as Food Industries have announced to the local action group, shall be forwarded by the Administrative Board of the local action group setting on the approval of the project for the Food industry. The economic framework includes funds from the Ministry of food, agriculture and EU funds.

(2). In addition to the financial framework referred to in paragraph 1, the Food Business announce framework which only includes EU funds. Within this framework, the Board of Directors of the local action group set the projects co-financed by other public national funding than funds from the Ministry of food. In this case, represents the grant after this announcement the public national funding equivalent EU co-financing.

§ 7. When the Food Business has received the application for aid, performing Food Profession a legality before the Food Profession shall take final decision in the case of grants.

Chapter 3

Eligible projects

§ 8. That can be granted to projects designed to contribute to the sustainable development of fisheries areas, with a view to:





1) Strengthen competitiveness of fishing areas, where it can be financed the following activities:





(a)) the establishment of new and developing existing micro-enterprises outside the fisheries and aquaculture sector with up to 10 employees and an annual turnover of less than ECU 2 million. Euro.

(b)) establishment of service facilities and other frame-building activities for the benefit of the business community.





2) restructure and re-engineer the fishing industry, provided it does not increase the fishing effort to:





a) sustainable tourism (ecotourism).

(b)) Other business activities.





3) Promote employment opportunities for fishers by creating jobs outside the fisheries sector.

4) increase the value of fisheries and aquaculture products in micro and small enterprises with up to 50 employees and an annual turnover of less than 10 million. The euro, which it can grant for the following activities:





(a)) the development and placing on the market of fishery and aquaculture products.

(b)) the development and marketing of the catch, production and processing methods, including natural and environmental improvement methods.





5) establishing and developing facilities for the benefit of small fishing communities, where it can be financed the following activities:





(a)) Less infrastructure and service facilities targeted at the fisheries and aquaculture sector.

b) Less infrastructure and service facilities targeted at tourism activities.





6) providing attractive living conditions in fisheries areas through:





(a)) the protection and improvement of the environment and heritage.

b) Renewal and development of coastal villages with fisheries activities.

c) protection and improvement of the architectural heritage.





7) Promote cooperation between local action groups in fisheries areas, as well as internationally, particularly through interregional networking and disseminate good practice.

8) support the work of a local action group by,





(a)) to acquire skills and develop skills,

(b)) to facilitate the preparation of a local action group's development strategy, and

(c)) to facilitate the implementation of a local action group's development strategy.









(2). Commitments for grants in accordance with paragraph 1, nr. 1-7, as part of the project include use pilot studies, pilot projects, networking and competence development.

Chapter 4

Conditions for grant

§ 9. It is a condition of the grant,





1) that the applicant obtains the necessary permissions from public authorities,

2) that the applicant can demonstrate in the application how the project contributes to the achievement of the quantified objectives in the local action group approved the development strategy,

3) that the applicant shall deliver the information, the Board of Directors of the local action group and Food Business requests for use in proceedings,

4) that it is undertaking gardens, which implements the project,

5) that the project will be completed within two years after the date of the undertaking, unless Food Business shall grant derogations,

6) that the undertaking submitting final payment request and gardens project report in a timely manner to the Food Business Regulation. § 14 (4),

7) to the project and the investments which have been granted subsidies maintained by undertaking gardens over a period of 5 years from the date on which the commitment of the subsidy has been granted, or as specified in the undertaking, and

8) that withdrawal requests associated with the original accounting documents shall be kept available until 31. December 2021.






(2). Food Profession establishes in undertaking the modalities for undertaking the holders ' obligation to inform about the public financing of the project and to publish information about the project on undertaking's home page or in the relevant newspapers and magazines.

(3). Food Industries can in the letter of undertaking, establish additional conditions for the grant.

Chapter 5

Eligible project costs

§ 10. Be granted for expenditure necessary for the implementation of projects that contribute to sustainable development of fisheries areas.

(2). Grants may not be awarded to the following:





1) expenditure incurred by the undertaking has paid, prior to the Board of Directors of the local action group have granted permission to launch the project, see. § 5, paragraph 3.

2) value of private and staff work, see. However, paragraphs 3 and 4.

3) Used and refurbished equipment, unless there is a prior authorisation from the Food industry.

4) expenditure given other EU grants.

5) financial, audit, legal and banking costs, unless these are due to demands from undertaking contracting.

6) Vat, unless this definitively borne by undertaking gardens.

7) purchase of real estate, including land purchases.

8) ongoing operating costs.





(3). Eligible for reimbursement for salary, if there is a specific project contract of employment for the employee.

(4). By non-profit projects are voluntary unpaid work eligible with 100 € per hour, however, the total amount of the grant for a project involving volunteering, do not exceed the total expenditure actually incurred.

Chapter 6

Modification of the project and entry into commitments

§ 11. Modification of a project may be approved by the Food Business on the condition that the project's overall objective is respected, and that the change is approved by the Board of Directors set for the local action group. Application for amendment of a project must be approved by the Food Profession before the change is implemented.

(2). Commitment amount cannot be increased in connection with changes in the project.

§ 12. Food Profession may on application allow, to another, which, according to § 1 may be undertaking gardens, assuming a commitment to grant, with the consequence that the new undertaking gardens assuming rights and obligations after the undertaking for reimbursement.

Chapter 7

Calculation of the grant

§ 13. Grants under this Ordinance shall be granted on the basis of a project's eligible expenses and may not exceed the subsidy rate, which is set out in annex 1.

(2). Within the announced framework under section 6 (2), projects financed by other public national funding than funds from the Ministry of food. In this case, represents the grant after this announcement the public national funding equivalent EU co-financing.

Chapter 8

Payment of grants

§ 14. Payment of reimbursement is effected on the basis of the undertaking ' s statement of paid eligible project costs must be documented. Request for payment of the reimbursement shall be made on a special form and be accompanied by a declaration from a registered public accountant or public accountant, or from local government audit. Form and form to the auditor's statement are available by contacting the Food Profession or via Food Business website.

(2). Request for payment are submitted to the Food industry. By final payment are submitted the request to the local action group, who after a Visual inspection of the project, sends the request for payment for the Food Profession together with information about the inspection of the project.

(3). Grants may be paid in up to 2 installments.

(4). Final withdrawal request must be accompanied by a project report and be received in




Food Business not later than 3 months after the project is completed.



(5). The grant is transferred by Food Industries to the undertaking's NemKonto.

Chapter 9

Obligation

§ 15. An undertaking gardens throughout the period in which the conditions for reimbursement must be met, upon request, declare to the Food Profession about whether conditions for the grants continue to be met.

(2). Undertaking gardens is in the whole period in which the conditions for reimbursement must be fulfilled, committed to without undue delay in writing to give the Food Business Notification of conditions that can result in cancellation of commitments for reimbursement or repayment of grants under section 16.

Chapter 10

Cancellation and refund of grants

§ 16. The commitment of grant shall lapse if





1) conditions under which grants are no longer met, without prejudice. Chapter 4,

2) undertaking gardens have given false or misleading information or has concealed information in relation to the merits of the decision,

3) the project is not carried out in accordance with the approved application, including if essential parts of the project shall lapse,

4) undertaking his duties after fisheries development overrides Gardens section 11, paragraph 1, or

5) undertaking gardens do not comply with its obligation under section 15.





(2). In the cases referred to in paragraph 1 shall take the Food Business decision on repayment of grants. By statement of a claim attributed to that interest. Interest allowance shall be calculated from the date on which the notification of the repayment obligation to refund is done and with the law on interest for late payment, etc. (Renteloven) fixed the reference rate plus. Interest allowance, however, is at least 50 us $.

Chapter 11

Force majeure

§ 17. Food Profession recognizes the following events as force majeure:





1) Undertaking's death.

2) Expropriation, if any such expropriation could not be foreseen at the time of the announcement of commitments to undertaking gardens.

3) A severe natural disaster substantially affects the undertaking's activities.





(2). It is a condition for the recognition of force majeure in the case that the instances of events prevents fulfilment of the obligations arising, in respect of which invoked force majeure, and that it committed no without disproportionate opofrelser could have secured themselves against this.

(3). Food Industries can in exceptional circumstances as force majeure events recognise other than those referred to in paragraph 1.

§ 18. If undertaking gardens or his estate would to invoke force majeure, it shall be communicated to the Food Industries in writing within 10 working days after the date on which the undertaking gardens or his estate is able to do it. the communication must be accompanied by adequate documentation.

Chapter 12

Access to justice

§ 19. Decisions of the Food Profession by virtue of this order can be appealed to the Minister of food, agriculture and fisheries, see. However, paragraph 3.

(2). The complaint must be submitted through the Food Profession. The complaint must be Food Business not later than 4 weeks after receipt of the decision, the appeal relates.

(3). Decisions referred to in article 6. (1) based on a recommendation from a Board of Directors for a local action group, can only be appealed with respect to legal issues.

(4). Food Business can reopen a case, after which is lodged a complaint.

(5). Decisions of the local action group may not be appealed to any other administrative authority.

Chapter 13

Criminal provisions

§ 20. After the Fisheries Development Act section 14 is punishable by a fine, the





1) shall give false or misleading information or conceals information relevant to decisions taken under the Act or the rules laid down in accordance with the law,

2) acting in contravention of the conditions set out in a decision taken in accordance with the law or the rules laid down in accordance with the law,

3) fails to deliver the documentation and the information to which the person is required to give under the law or the rules laid down in accordance with the law,

4) shall give false or misleading information or conceals information, which the person concerned is obliged to give under the law or the rules laid down in accordance with the law,

5) fails to give the Inspector access to the company, etc. in accordance with § 11 (1)

6) fails to disclose or submit material or to provide the inspection authority assistance after the Act § 11, paragraph 2.





(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 14

Entry into force of the

§ 21. The notice shall enter into force on the 3. April 2009.

(2). Executive Order No. 333 by 5. May 2008 on a financial contribution to projects for the sustainable development of fisheries areas shall be repealed. The notice shall, however, continue to apply to applications received in the local action group before the entry into force of the present publication.
Food Industries, the 31. March 2009 Aren't b. Jackson/Steen Peasant Annex 1







 



Maximum contribution in%





 

 





Field of action





Private

(individual) projects






Non-profit (collective) projects







Strengthening the competitiveness of fisheries areas.





40





60







Restructure and re-engineer the fishing industry, provided it does not increase the fishing effort 40





-







Promote employment opportunities for fishers by creating jobs outside the fisheries sector.





40





60







Increase the value of fishery and aquaculture products





40





-







Establishing and developing facilities for the benefit of small fishing communities





40





60







Create attractive conditions of life in fisheries areas (environment, nature, coastal villages and architectural heritage)





-





60







Promoting cooperation between local action groups in fisheries areas, as well as internationally, particularly through interregional networking and disseminate good practice.





-





50







Support the work of a local action group





-





50